Workplace Discrimination Legislation In Pacific Island Countries

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Discrimination in the workplace is a major management issue. Managers have a responsibility to ensure no employee suffers from discrimination of any kind. Government authorities in many countries formulate laws and policies to prevent biases. Despite these regulations, some people face discrimination such denial of job opportunities, promotions, or pay rises, among others. New laws are necessary to cover loopholes and promote fairness. Pacific Island Countries (PIC) have various legislations to govern discrimination among their citizens in their daily activities. Some laws focus on the general environment but apply in the workplace situations. Strong laws emphasize on the specific aspects such as discrimination in workplace or elements that amount to bias. Research in this area is important to create awareness to people on their rights and encourage reporting of cases to the necessary authorities (Development Studies Network n.d). Moreover, the information would help identify areas of weakness where organizations and governments can strengthen laws to promote employees welfare. Therefore, exploring the anti-discrimination laws and workplace conditions in the PIC region, such as in Vanuatu Island provides information to evaluate effectiveness of the practices aimed at curbing bias in organizations and identify areas of improvement.

Vanuatu Government has formulated several laws to govern employment and issues of discrimination both in the public and private sectors. The government prohibits gender-based discrimination in remunerations and job descriptions. Cap 160 consolidated in 2006 provides that the women employed to the same job as men should receive equitable salary as the men. This clause aims to ensure employers do not discriminate women in remuneration by paying male workers higher salaries than women at the same job level (Laws of the Republic of Vanuatu 2006). Women who receive lower pay compared to the male counterparts can use the clause to take action on their employers. Similarly, men can use this regulation to push for equal wages where the women in the same rank receive high pay. Thus the clause is desirable because it supports gender fairness in compensation. However, significant challenges are be experienced in the implementation. The clause does not mention punishment for employers who do not comply. Additionally, some people can suffer if they do not know their rights inscribed in the article. Therefore, this law requires amendments to enhance enforcement.

The Act also provides guidance against discrimination on job descriptions. It indicates that women should be regarded as hired for similar work as their male counterparts if the type and nature of their tasks are similar and no significant differences related to the conditions of employment (Laws of the Republic of Vanuatu 2006). This clause aims to prevent women from discriminations based on their job tasks. Employers can practice bias because the workers are hired to carry out different tasks that can be similar in nature. Workers performing these tasks should be treated equally and considered to be at the same level. Employers who do not comply with this provision and treat men and women differently commit discrimination. Hence, they are liable to actions of law. Women can push for equal recognition or prosecute an employer who favors men based on this aspect of the job description (Wilson 2014). Through this provision, the legislation covers a loophole that can be otherwise utilized by employers to treat women unfairly. However, the regulation requires improvement. A clause stating the punishment or coercing for employers' adherence is necessary. It would enable relevant authorities attain high enforcement outcomes.

Another legislation prohibiting discrimination is found in section 5 of the Vanuatu Constitution. Section 5(1) outlines the fundamental rights of the citizens against any form of discrimination based on race, political affiliation, sex, language, traditional beliefs, and religion. Under this section, the citizens are entitled to defense, safety, welfare, and health, among other rights (Jalal 2008). The provision applies to all situations including the workplace environments. It covers all kinds of bias against every individual. It is useful to support healthy working conditions for all employees. It ensures inclusivity of all people as well as various backgrounds or sources of bias. Despite these elements, this section does mention activities where discrimination can be practiced. For instance, saying that the rules apply in areas of employment or distribution of resources and other specific activities can give much weight and attract strong enforcement. Although the section speaks against discrimination, it does not help wipe out bias in the Vanuatu society. For example, the country has not attained fair distribution of job opportunities between men and women (UN Women 2016). Men hold a larger percentage of the employment in public and private sectors than women, yet women have better qualifications than males. Therefore, the section does not fully cover the discrimination practices, which can be due to broad perspective and poor implementation.

The Penal Code also provides regulation against discrimination in the workplace. This article provides that no person would discriminate others regarding their rights to gain or continue carrying out employment tasks. Forms of discrimination mentioned in this article include bias based on religion, racial or ethnic background, and sex (Jalal 2008). The Penal Code thus provides a clear regulation relating to the work environment. It points out various aspects of workplace bias and is therefore relevant to the topic. It provides grounds for taking legal action against employers or other persons who practice bias. Employees need to understand the rights provided in the penal code to enhance their knowledge. Moreover, the anti-discrimination sentiments would empower them to practice fairness in the workplace and attain good relationships. The major concern for these provisions is the emphasis on the public sector. The penal code is applied greatly in the government workplaces. Consequently, the private sector may not adopt the anti-discrimination principles leading to poor implementation. As a result, some people in the private industries would suffer from discrimination due to little government involvement to enforce the penal code provisions.

The legislations discussed above show that Vanuatu Islands has taken some actions to curb discrimination in workplaces. The constitution, labor laws formulated in 2006, and penal code contain anti-discrimination clauses. The presence of bias cases in the country would show that the existing laws are inadequate and require improvements. According to OHCHR (2016), Vanuatu was presented before the committee of the UN human rights concerning the milestone achieved in eliminating discrimination against women. One of the issues was discrimination in labor markets such as harassment and exploitation. The country had not assented to UN human rights on these concerns. The UN Women (n.d) expresses similar concerns about women discrimination. This article indicates that the women constitute less than 40 percent of the formal workforce in private and public sectors. It is a low proportion since the women are more qualified than the men. These issues show that women are discriminated in the workplaces. Therefore, the existing regulations are not effective and require amendments to encourage the provision of more opportunities for the women and bridge the gap with their male counterparts (Creighton 2016). Some ways to correct these deficiencies include formulating stronger laws to push employers to hire more women. The new rules require empowerment practices to create high awareness for the women to engage in formal employment.

In conclusion, discrimination in the workplace is a major problem in many societies. Many governments have enacted laws to prevent biases from employers or between workers. Although these laws promote the welfare of the people, some workers have little knowledge that increases their chances of suffering bias in their places of work. Research on the anti-discrimination laws in any country is necessary to help understand levels of discrimination and test effectiveness of the existing legislation. Examination of the Vanuatu Islands reveals that the government has legislated rules against different forms of bias. These provisions are contained in the documents such as the constitution, labor laws, and the penal code. The labor laws and the penal code give a firm stance against discrimination in the workplace. The constitution provides clauses covering broad aspects of discrimination for all citizens. Although these legislations might have reduced levels of unfairness, there are concerns about the bias against women due to harassment and few job opportunities. There is a need to amend the existing laws to enhance recruitment of women in organizations, as well as, discourage harassment based on their gender. Therefore, Vanuatu Island has significant workplace discrimination issues for authorities to address.

Reference List

“Laws of the republic of Vanuatu.” 2006. Laws of the republic of Vanuatu. [Online]. Available at: http://www.ilo.org/dyn/travail/docs/1071/Employment%20Act.pdf [Accessed 29 Sep. 2016].

Creighton, P. 2016. Pacific Human Rights Law Digest - Volume 4. Paclii.org. [Online]. Available at: http://www.paclii.org/other/PHRLD/pacific-human-rights-law-digest-4.html [Accessed 29 Sep. 2016].

Development Studies Network. N.d.  Women, gender and development in the pacific: key issues. [Online]. Available at: https://crawford.anu.edu.au/rmap/devnet/devnet/gen/gen_legal.pdf [Accessed 29 Sep. 2016].

OHCHR. 2016. Committee on the Elimination of Discrimination against Women examines reports of Vanuatu. [Online] Available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17088&LangID=E [Accessed 29 Sep. 2016].

UN Women. 2016. Vanuatu. [Online] Available at: http://asiapacific.unwomen.org/en/countries/fiji/co/vanuatu [Accessed 29 Sep. 2016].

Wilson, C. 2014. Pacific Islands inch towards gender equality with female appointments. The Guardian. [Online] Available at: https://www.theguardian.com/global-development/2014/aug/16/pacific-islands-gender-equality-female-appointments [Accessed 29 Sep. 2016].

Jalal, P. I. 2008. Legal Protection against Discrimination in Pacific Island Countries. The Equal Rights Review 2, pp.32-39. [Online] Available at: http://www.equalrightstrust.org/ertdocumentbank/Jalal%20article.pdf

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